Carey-Reed Co. v. Carney

McCORD, Circuit Judge.

On the night of December 13, 1937, between eleven and twelve o’clock, J. D. Shaver, Jr., an employee of Carey-Reed Company, was driving an automobile along a public gravel highway south of Clarks-dale, Mississippi. The night was cold, dark, and misty. Shaver was traveling west at a speed of thirty or thirty-five miles per hour along a section of the road flanked by cotton and corn fields when he saw a man walking along the road near its south edge. The man began to walk diagonally across the road into the path of the car and motioned to Shaver to stop. Shaver testified…